CWP NO.5787 OF 1988 :1:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
DATE OF DECISION: 17.9.2008
Balwinder Singh Dhillon ...Petitioner
VERSUS
The State of Punjab and another ...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.Arun Kathpalia, Advocate for the petitioner
Mr.Sudhir Sehgal, Sr.DAG, Punjab for respondent
Permod Kohli, J. (Oral)
The petitioner was appointed as Sub Divisional Officer
(Panchayati Raj) on 17.10.1980 being holder of degree in Civil
Engineering. By order dated 11.2.1984, the petitioner was given
charge of the post of Executive Engineer (Panchayati Raj) which
was lying vacant at the relevant time. At the time when the
petitioner was given charge to the post of Executive Engineer, there
were no statutory rules, though draft rules were prepared. In the
year 1985, the State Government issued Executive Instructions on
13.5.1985 pending finalisation of the statutory rules. Under these
executive instructions for promotion to the post of Executive
Engineer, a person in the cadre of Sub Divisional Officer should
CWP NO.5787 OF 1988 :2:
possess the degree in Civil Engineering from a recongised
university or a diploma in Civil Engineering with an AMIE
Certificate with minimum of seven years experience as Sub
Divisional Officer (PR) and subject to passing of the departmental
examination and completion of period of probation. It is admitted
case of the petitioner that in the year 1984, he was not possessed of
minimum seven years of experience as Sub Divisional Officer.
Petitioner acquired the requisite experience of seven years on
17.10.1987. He made a representation for promotion to the post of
Executive Engineer on the ground that he is holding the charge of
Executive Engineer since 1984 and a post is lying vacant. The
grievance of the petitioner is that one Pritam Singh was also given
the charge of the post of Executive Engineer, but he was released
the grade and scale of that post. On 27.5.1988, the Government
issued fresh Executive Instructions and minimum eight years period
was prescribed for promotion to the post of Executive Engineer
from the Sub Divisional Officer. The petitioner accordingly
approached this Court, seeking direction that he may be given
promotion on the basis of the original instructions of 1985 as
Executive Engineer against the vacancy held by him w.e.f.
17.10.1987. Respondent no.2 was not impleaded as a party initially
in the writ petition. However, respondent no.2 filed an application
for impleadment which was allowed and he was impleaded as
respondent no.2 in the writ petition.
The State as also respondent no.2 filed their separate
disclaimers. It is contended on behalf of the respondents that the
CWP NO.5787 OF 1988 :3:
petitioner and respondent no.2 participated in the same selection
through the Public Service Commission wherein respondent no.2
was placed higher in merit than the petitioner. Consequently, the
inter se seniority of the petitioner qua respondent no.2 was
determined and respondent no.2 was placed at Sr.No.2 and the
petitioner at Sr.No.3. Both were granted promotion as Executive
Engineer on 29.11.1990. Petitioner filed CWP No.5020 of 1997
challenging the promotion of respondent no.2 on the ground that he
could not clear the probation period within the prescribed time. This
writ petition was dismissed by this Court and an appeal being Civil
Appeal No.2304 of 1999 was also dismissed on 21.2.2002 by
Hon’ble Apex Court. Consequently, seniority of petitioner and
respondent no.2 was determined and respondent no.2 was placed
above the petitioner. This seniority was again challenged by the
petitioner in subsequent CWP No.15535 of 2003 which was later on
withdrawn on 13.1.2004. It is stated on behalf of respondent no.2
that in the year 1984 when the petitioner was given the charge of
Executive Engineer, he was not eligible under the executive
instructions and on availability of the post he has been promoted.
Under the above circumstances, I find no merit in this petition
which is accordingly dismissed.
(PERMOD KOHLI)
JUDGE
17.9.2008
MFK
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